Mahendra Pal And 3 Others vs State Of U.P. And Another
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Allahabad High Court

Mahendra Pal And 3 Others vs State Of U.P. And Another on 3 January, 2025

Author: Sanjay Kumar Pachori

Bench: Sanjay Kumar Pachori

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:1489
 
Court No. - 75
 

 
Case :- APPLICATION U/S 482 No. - 42293 of 2024
 

 
Applicant :- Mahendra Pal And 3 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Piyush Kumar Tiwari
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sanjay Kumar Pachori,J.
 

Sri Piyush Kumar Tiwari, learned counsel for the applicants and learned A.G.A. for the State are present.

The present application under Section 482 of the Code of Criminal Procedure, 1973 has been filed to quash the order dated 8.8.2023 passed by Judicial Magistrate, Bisalpur, Pilibhit in Case No. 208 of 2016, under Sections 323, 504 of IPC, Police State Bisalpur, District Pilibhit, whereby the non by which the non-bailable warrants has been issued.

Learned counsel for the applicant submits that the impugned order has been passed by the court without satisfying itself that the summon and other process for attendance has been served and without issuing any summon or bailable warrant, direct N.B.W. has been issued. It is further submitted that the applicant was on bail at the time of issuing non-bailable warrant.

Learned counsel for the applicant further submitted that the impugned order has been passed without considering the facts and circumstances of the case and law provided in this regard. It is further submitted that order of the non-bailable warrant has been passed on 08.08.2024 without satisfying the service of summons or bailable warrants itself and reason to believe from absconding the process of the court.

Learned A.G.A. as well as learned counsel for the opposite party No. 2 have opposed the application.

Considering submissions of learned counsel and perusing record, the instant application u/s 482 Cr.P.C. is finally disposed of with a direction that in case applicant appears before the court below within three weeks from today and applies for bail/recall of non bailable warrant, his application shall be decided in the light of the observations made in the judgments rendered by the Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation & Another, (2021) 10 SCC 773, Siddharth Vs. The State of Uttar Pradesh & Another 2022 (11) SCC 676 and Aman Preet Singh Vs. C.B.I. through Director 2021 SCC Online SC 941.

For a period of three weeks from today or till applicant appears before the court below, whichever is earlier, execution of non bailable warrant against the applicant shall be kept in abeyance.

Order Date :- 3.1.2025

Akram